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Market Research Opportunity - Help GSA Examine Opportunity to Enhance Competition

GSA is seeking stakeholder feedback and collaboration on a new flexibility to enhance competition under the Federal Supply Schedule (FSS) program.  Section 876 of the Fiscal Year 2019 (FY19) National Defense Authorization Act (NDAA) gives GSA the authority to have an acquisition strategy that focuses on creating robust competition at the order level rather than evaluating prices for services acquired on an hourly rate basis at the contract level.  

Implementation of this new authority will make it easier for -

  • Suppliers to obtain GSA acquisition vehicle contracts; 
  • Customers to realize better value and savings; and  
  • The FAS acquisition workforce to focus on helping customers achieve robust competition at the order level.  

GSA issued a Class Deviation (see CD-2020-14) to begin use of this new authority on non-FSS IDIQ contracts.  While the price evaluation exception will eventually be applied governmentwide via a FAR rule (see FAR Case 2018-014), GSA plans to authorize the authority from the Class Deviation on a limited number of new acquisitions when it is determined to be the best acquisition strategy.  The ASTRO IDIQ will be the first to use this authority.  The goal is to obtain insight into and understanding of the success drivers and impacts when using this authority to inform future rulemaking. 

GSA issued an Advance Notice of Proposed Rulemaking (ANPR) on 8/19/2020 to seek public comments that can be used in the implementation of Section 876 for the FSS program.  The ANPR asks the following:

  • What is the best way to initiate authority?
  • What contract types are applicable?
  • How should mixed-use contracts including both hourly rates and other services or products be handled?
  • Which portions of the FAR should be amended?
  • Which portions of the GSAR should be amended?
  • Which solicitation and ordering requirements for Schedules should be revised?
  • What regulatory cost impacts should be considered?

Want to assist GSA with thinking through the implications of applying this authority to the FSS program?  Please review the ANPR and submit your comments.

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